Centre de Droit de l'Entreprise (Montpellier)

Lucas Bettoni

University of Toulouse, Centre de Droit de l’Entreprise (Montpellier)
Lecturer

Lucas Bettoni is a lecturer at the law faculty of Albi where he teaches civil law and business law and is a member of business law center of Université Toulouse 1 Capitole. He defended a thesis entitled « Private tender procedure » published by Lexisnexis (coll. « Bibliothèque du droit de l’entreprise », vol. 92, 2018). His main areas of research are contract law and competition law.

Linked authors

KLYB (Montpellier)
Centre de Droit de l’Entreprise (Montpellier)
University of Montpellier
University of Montpellier
Centre de Droit de l’Entreprise (Montpellier)

Articles

8111 Review

Lucas Bettoni Violation of a non-competition clause: The French Supreme Court rules that the violation of a non-competition clause does not constitute tortious fault against a third party (Dartess / Bernard M. grands vignobles du Sud)

67

This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier. Facts. The subsidiary of a group of companies operating in the storage and logistics sector took over the assets of a competitor company as part (...)

Lucas Bettoni Bad faith of the supplier: The Versailles Court of Appeal sanctions a supplier in bad faith who sells its products directly to the customer of its distributor and fixes compensation for the profit illegally obtained by the author of this damage (OBV.TV / Calibre UK)

45

Facts A French distributor of electronic and telecommunications equipment approached an English supplier specializing in the development and production of audiovisual broadcasting equipment with a view to being entrusted with the distribution of its products for France. An exchange of e-mails (...)

Lucas Bettoni Exclusive distribution: The Paris Court of Appeal refuses to sanction a supplier unilaterally fixing the price in a framework contract for bad faith or abuse of right (Willy / Total Marketing France)

103

Despite the doctrinal hype it generates, the litigation of abusive price fixing by the supplier in framework distribution contracts is far from being plethoric (for a recent position of the High Court, see cep. Cass. com., Nov. 4, 2014, No. 11-14026). This is why the judgment under comment will (...)

Lucas Bettoni Franchising: The French Supreme Court upholds a judgment of the district court jointly condemning a franchisor and a franchisee for non-compliance with the Hamon law and the conditions of sale on the Internet concerning the exercise of the buyer’s right of withdrawal (Feu vert / G. Patrick)

48

In doctrine, the imputability of the harmful acts of a member of an integrated distribution network to its promoter is a subject of disputatio (see in particular our study, "La responsabilité de l’animateur d’un réseau de distribution pour des actes dommageables commis par ses membres à l’aune de (...)

Lucas Bettoni Supply contract: The Grenoble Court of Appeal refuses to sanction a supplier for bad faith in the unilateral modification of prices, as the distributor cannot prove the extent of the alleged damage (Medical Implants / Zimmer Biomet France)

66

Facts and procedure Pursuant to an agreement dated May 31, 2012, renewed by amendment until February 12, 2016, Biomet (the supplier) entrusted Médical Implants (the distributor) with the distribution of its products and medical devices. During 2014, difficulties arose between the parties (...)

Lucas Bettoni Selective distribution: The Paris Court of Appeal refuses to sanction a parallel distributor because the selective distribution network was not set up in the territories where the products were resold (Amazon / Europe Watch)

97

Although this is an interlocutory proceeding, the decision under review merits attention in that it addresses the somewhat novel question of whether the provider can rely on the prohibition on off-grid resales once it has decided to implement the system. The Commission will also consider (...)

Lucas Bettoni Distribution: The French Competition Authority recommends the adoption of specific competition rules to remedy the structural competition deficit in certain metropolitan areas

54

Following an investigation lasting several months, the Competition Authority (hereinafter the Authority) published an opinion on 17 November 2020 on the competitive situation on the Île de Beauté. The document begins with an in-depth diagnosis of economic concentration in four key sectors of the (...)

Lucas Bettoni Concession : The French Supreme Court reiterates the maintenance of the requirement of good faith during the execution of a notice of termination of a distribution contract (Chevrolet Deutschland / Tourisme automobiles)

76

Facts. Six companies specialising in the sale of motor vehicles are part of a dealership network run by the subsidiary of the General Motors group importing new vehicles of the brand in France. As such, they benefit from a new vehicle distribution contract and also from an approved repairer (...)

Lucas Bettoni Selective distribution: The Paris Court of Appeal rejects the claim for compensation by evicted dealers for wrongful breach of contract and wrongful refusal of approval (Safirauto / 74 Diffusion Auto)

137

The judgment under review is an opportunity to review both the contours of the fault committed at the time of a breach of a distribution agreement and the lawfulness of a refusal of approval to a candidate for entry into the network, issues which fuel a rather plethoric dispute (if the dispute (...)

Lucas Bettoni Anticompetitive object: The Paris Court of Appeal refuses to cancel a transaction on the basis of competition law because the said act does not have an anticompetitive object or effect (Vasco)

99

Usually, the parties to a transaction submit their application for annulment of the act on the basis of the policy of defects of consent (Civil Code, arts. 1130 et seq.), or even on the absence of reciprocal concessions (see Civ. 1, 9 July 2003, No. 01-11963). To claim the nullity of a (...)

Lucas Bettoni COVID-19: The Government adopts two ordinances relating to the extension of time limits during the period of health emergency and the adaptation of procedures during the same period

82

The impact of Orders n° 2020-306 of March 25, 2020 and n° 2020-427 of April 15, 2020 on business contracts In accordance with the authorization granted by Parliament in Emergency Act No. 2020-290 of 23 March 2020 to deal with the covid-19 epidemic, the Government adopted "deadline" Ordinance No. (...)

Lucas Bettoni Fine: The French Competition Authority sentences a multinational undertaking and its wholesalers to a record fine for conspiracy and abuse of economic dependence (Apple / Tech Data / Ingram Micro)

187

This Decision will mark a decisive turning point in the decision-making practice of the Competition Authority (the Authority) in two respects. Firstly, because the French competition police force is imposing the highest financial penalty ever imposed in a case (EUR 1.24 billion) and Apple alone (...)

Lucas Bettoni Restriction by object: The French Supreme Civil Court censures the Paris Court of Appeal for having classified an interbank commission as a restriction of competition by object in the name of the principle of restrictive interpretation of the restriction by object (Banque Postale, Crédit Mutuel, BNP Paribas...)

238

As a sign of its importance, the judgment under review is not only intended to be published in the Bulletin, but also benefits from an enrichment of its motivation. This means that the concept of restriction of competition by object, which is at the heart of its solution, is the subject of (...)

Lucas Bettoni Branch manager: The French Supreme Civil Court specifies the fate of the original distribution relationship when the manager of the distributing company has the status of branch manager (SFR / Électronique occitane)

173

It is rare for the Commercial Chamber of the Court of Cassation to hear disputes involving branch management. Since the recognition of the status gives rise to the application of social law, the social chamber is naturally competent to rule on the matter. However, it is up to the commercial (...)

Lucas Bettoni Selective distribution: The Paris Court of Appeal considers that the refusal to contract suffered by a candidate for entry into the quantitative selective distribution network is lawful (FCA France / Catia automobiles)

169

The decision under consideration follows the reference made by the Court of Cassation in its important decision of 27 March 2019 on the selection of resellers in a selective distribution system (Com., 27 March 2019, No. 17-22083: published in the Bulletin; Lettre distr. April 2019, p. 1, nos (...)

Lucas Bettoni Selective distribution: The Paris Court of appeal validates the criterion of holding a physical point of sale defined by the promoter of a selective distribution network (Concurrence / Samsung)

168

An independent distributor of consumer electronics products, in particular televisions, operates a physical point of sale and an online sales site. Since the 2000s, it has been marketing Samsung brand products, in particular "Elite" range flat screen televisions. Its relations with the French (...)

Lucas Bettoni Exclusive distribution: The Court of Appeal of Poitiers refuses a joinder of procedures for lack of interdependence of supply and sign contracts concluded within the framework of a distribution network (C.S.F. / Briclo, Actis Mandataires Judiciaires)

109

In 2013, a company with a food retail business will enter into a supply contract with a subsidiary of the Carrefour Group for a period of seven years, tacitly renewable for five-year periods. On the same date and for the same period, it enters into a brand contract with another Group (...)

Lucas Bettoni Selective distribution: The French Supreme Civil Court holds a ruling in contract law regarding the validity of the refusal to approve a distributor fulfilling the criteria in selective distribution (FCA France / Catia automobiles)

353

The question of whether, under the general law of obligations, a candidate for entry into a selective distribution network that meets the selection criteria set by its promoter enjoys a right to approval is the subject of debate in doctrine (see N. Ferrier, La liberté de sélectionner dans la (...)

Lucas Bettoni Nullity: The French Supreme Court presumes the fraudulent reluctance in case of failure by the transferor of shares to its pre-contractual obligation of information to the buyer (Ipanema)

753

Widely accepted in case-law and already appearing in special laws (not art. L. 330-3 C. com.), the reform of the law of contract has enshrined in the Civil Code an obligation of pre-contractual information (art. 1112-1). This consecration raises the question of the place to be accorded to this (...)

Lucas Bettoni Branch managers: The French Supreme Civil Court and the Courts of appeal of Lyon and Douai apply labor law to managers of supermarkets (Distribution Casino France)

3632

There is a wealth of news on the subject of non-employee management of food retail branches, with no less than five judgments recorded, including two from the High Court and promised to be published in the Bulletin. Opposing Casino against pairs of supermarket managers expressly subject to the (...)

Lucas Bettoni Concession contract: The Paris Court of Appeal refuses to convert a fixed term contract of employment into a permanent contract despite a five year exclusivity clause (SBA, SBB / Agco Distribution, Etablissements P.)

177

The judgment under comment, delivered in connection with an exclusive concession network, will be of interest to the lover of contract law in that it deals with the question of whether a contract is to be classified as a contract of indefinite or definite duration. It is well known that, in (...)

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